Caputa v. Land O' Lakes Creameries, Inc.

Christianson, Justice.

Certiorari to review an order of the industrial commission affirming the findings of a referee denying Adam J. Caputa workmen’s compensation. The commission found that the injury complained of, a bilateral inguinal hernia, was not caused by an accident arising out of and in the course of employe’s employment. The sole issue here is whether there is evidence to support that finding.

As part of his duties as an operating engineer, employe was required to tend the oil-fired boilers located on his employer’s prem ises. There were three boilers, but only one was in operation…